The Veteran claims compensation under 38 U.S.C.A. § 1151 for additional disability of residuals of osteomyelitis with T9 paraspinal abscess as caused by VA gallbladder surgery or VA hospital care. The Board is remanding the case to obtain clarification from Dr. J. Moorman at the Mountain Home VAMC regarding whether it is at least as likely as not that the Veteran's vertebral osteomyelitis was caused by VA gall bladder surgery performed on July 5, 2006, and VA follow-up care.
The deciding factor: The Board is remanding the case to obtain clarification from Dr. J. Moorman regarding whether it is at least as likely as not that the Veteran's vertebral osteomyelitis was caused by VA gall bladder surgery performed on July 5, 2006, and VA follow-up care.
- Claimed conditions
- osteomyelitis with T9 paraspinal abscess
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 30, 2011
- Citation
- 1143873
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1143873.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's osteomyelitis was present prior to his gallbladder surgery and is not considered a result of VA care, thus the claim for compensation under 38 U.S.C.A. § 1151 is denied.
- Denied
The Veteran's additional disability of osteomyelitis with T9 paraspinal abscess is not deemed to be caused by VA gallbladder surgery or follow-up care, and thus his claim for compensation under 38 U.S.C.A. § 1151 is denied.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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